Co-defendant takes stand in 2012 dog attack trial

Oroville >> A man on trial for his alleged role following a May 2012 dog attack testified in his own defense Thursday.

Under questioning by his attorney, Eric Ortner, defendant Theodore Jason Scherbenske, 57, detailed how he came to own Shane, one of the dogs who allegedly attacked Virginia Lorusso on May 21, 2012, in Palermo.

Earlier Thursday, a defense expert testified that Gus, the other dog in the alleged attack, could have been a potentially dangerous animal before the attack, but the dog exhibited new behaviors in the incident.

Scherbenske is charged in Butte County Superior Court with a felony count of being an accessory after the fact. Lorusso's neighbor, Chic Gordon, 56, is on trial for allegedly allowing a vicious animal at large.

Earlier this week, Lorusso testified that Shane, a Queensland heeler, and Gus, a pit bull, came into her yard on Shela Court and attacked her while she was using a stick to knock immature plums off a tree. Lorusso was bitten on the left leg, right ankle and right arm.

Scherbenske said he and his employer, Don George, often rescued dogs from the Northwest Society for the Prevention of Cruelty to Animals and kept them at George's business as guard dogs. Shane was initially kept at the business in March 2012, until George indicated he didn't want the liability of having an animal on the property.

Gordon allowed Scherbenske to keep Shane on her Shela Court property. Scherbenske described his co-defendant as a loving and kind friend that he's known for four years.

Scherbenske helped maintain the fences on the property. He said the field fence bordering the Lorusso property was often damaged by the Lorussos' horses.

He was at home in Oroville during the attack. Gordon called and said there was an emergency before the call ended.

Scherbenske sped to Shela Court. He admitted to passing an ambulance on the way. When he arrived, he told Gordon to get into the vehicle with Gus.

They took a roundabout route to the Oroville residence of Gordon's son, Ruben Cambra, 34. Scherbenske said he took Gus there to be quarantined because he felt it best to separate the two dogs allegedly involved in an attack.

Cambra is charged with allowing a vicious dog at large, but he isn't mentally competent to stand trial.

Unusual behavior in attack

Berman said if Gus or Shane were involved in the attack, their behavior escalated to a level they hadn't reached before. In prior incidents, Gus may have chased others, but he didn't apparently jump over a fence or leap onto a platform where people were.

A possible trigger for Gus could have been the stick Lorusso used. Berman said Gus could have interpreted the swinging as a threatening gesture. Gus also encountered sticks from another neighbor and from animal control personnel's control poles.

"Obviously a stick means something to a dog," Berman said.

During cross-examination, deputy district attorney Kennedy Rizzuto asked if Berman compared molds of the dogs' teeth with photos of Lorusso's wounds. He said he couldn't do the comparison because there was no scale of measurement on the photos.

Based on the photos, Berman said it was a serious attack with the dog inflicting multiple offensive wounds. The dog also reportedly shook Lorusso and didn't let go on its own.

Rizzuto asked Berman about his examination of Lorusso's Australian shepherd dog named Misty. After the jury watched Berman's video exam of the now 13-year-old dog, he said it appeared the dog didn't respond to commands but she only barked once when a vehicle approached.

"I didn't see any signs of aggression from her," he said.

Berman said Lorusso appeared to speak in a caring voice for Misty and Lorusso didn't seem to act as if Misty was the attacker.

Scherbenske will resume testifying Friday morning. Gordon has indicated that she intends to testify.